I work for a company that is currently hiring for job opportunities.

Question

I work for a company that is currently hiring for job opportunities. They
recently had a job fair and are seeking referrals for employment. I brought my
wife and eight month old son into to my workplace so my wife could apply in
person. I took my wife to the reception area to sign in the visitor log book. I
then went back to the lunch room with my son so my wife could wait for the HR
rep. She than handed her resume in and came to meet us in the lunch room. I told
her that I was going to put on my uniform for my shift and that I would be back.
I told my wife to have some juice or coffee that is available to all visitors
and employees. Our son was in his stroller at the time. When I came back to the
lunch room several of my co-workers told me she was escorted outside in an
unprofessional manner by the HR Manager as if she committed a crime. This is
quite a shock as several employees have had their children in the facility
before and there have been no issues. I then proceeded to go tour parking lot to
speak with my wife. The HR Rep came to the door and basically told my wife she
was not welcome on the premises as it is unsafe for a child to be in a
manufacturing environment. My son was supervised at all times when we were there
and for most of the time he was in his stroller. My wife was also holding him on
her lap. Many of my co-workers were shocked at what had occurred. I just want to
know if this merits any grounds of harassment and discrimination for a lawsuit?
If so do you forsee a positive outcome? What should I do now? What would be the
next steps to take?

Debra · Accepted Answer

Debra Thal (username) :

I am sorry this happened.

Debra Thal (username) :

Are you in a union>

Debra Thal (username) :

Are you thinking of quitting?

Debra Thal (username) :

How long have you worked there for?

Debra Thal (username) :

When you say discrimination do you mean because of your colour, race, religion
etc?

Customer:

I am not in a union. I am thinking about quitting. Discrimination because I am
not the only employee who has brought a child in the workplace. It is suppose to
be a family-oriented company. There have been several employees who have brought
there children in (even on the production floor) and they have not experienced
what we experienced yesterday.

Debra Thal (username) :

But discrimination as it's personal or because it relates to your race or
colour?

Debra Thal (username) :

How long have you worked there for?

Debra Thal (username) :

And did you complain to your employer?

Customer:

I have worked there for just over a year. I called the Director of Operations to
complain but didn't get a call back from her yet as I would prefer to speak with
her to discuss the matter rather than in a voicemail message.

Customer:

There are several employees there that are black, asian and different
nationalities. It is hard to say discrimination because of race or colour in
this type of company because of the nationality mix. It seems to be more on a
personal level because we had our son with us and perhaps they had a bad day. I
can't justify why they were not happy once my wife was outside that they had to
come to the parking lot and ask her to leave the company premises when my wife
had done absolutely nothing wrong.

Customer:

We were not the only ones with a child yesterday but the mother and daughter in
HR seemed to tag team against my wife and treat her with an unprofessional and
unethical business conduct.

Debra Thal (username) :

I see.

If this is not about race or colour etc then it's not discrimination in a legal
sense.

So your wife or you cannot file a complaint with the Human Rights Tribunal.

It could be grounds for constructive dismissal but that will depend on how they
react now.

Debra Thal (username) :

Let me explain what constructive dismissal is.

Customer:

Okay, please explain constructive dismissal. Would this be grounds for
harassment?

Debra Thal (username) :

When an employer does something that fundamentally changes the nature of the
employment so that it drives the employee to quit, this may be a case of
constructive dismissal. This is usually the case when the employer reduces
wages, cuts hours etc. It is also the case where the employer's conduct makes it
intolerable for the employee to continue working.

If an employee does quit under these circumstances then the law is that
constructive dismissal is wrongful dismissal and the employer will be liable for
damages.

If you are considering this option it is crucial that you first consult with an
employment lawyer so that you can get a legal opinion from an expert both about
whether the facts amount to constructive dismissal and, as well, about what
damages you may be entitled to.

Generally the damages would be equal to what you would receive had you been
dismissed without cause. If that had been the case you would have been entitled
to receive "reasonable" notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several
factors including the length of time you worked for the employer, your age, your
position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely
order one month's notice or pay in lieu of notice for each year of employment.
If you were not in a managerial position the Court would order somewhat less.

Debra Thal (username) :

It's not really harassment. \

Debra Thal (username) :

It was a one time thing.

Debra Thal (username) :

But what really matters here is if the employer says this is terrible, I am
sorry, I will apologize to your wife, and deal with this person who did this or
instead says too bad that's life.

Debra Thal (username) :

So wait and see how this is addressed before you know what you can or should do.

Debra Thal (username) :

And then, before quitting for sure see an employment lawyer face to face.

Debra Thal (username) :

You can contact the Law Society and use their Lawyer Referral Service.

Debra Thal (username) :

You will be given the name of a lawyer and can consult with the lawyer and the
first half hour will be free.

Debra Thal (username) :

Let me find you the number to call.

Customer:

Okay. Thank-you.

Debra Thal (username) :

﻿Does that make sense?

Customer:

I understand. If you can find the number for me to call that would be great.
Your feedback is appreciated.

Debra Thal (username) :

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

Debra Thal (username) :

Sorry.

Debra Thal (username) :

It didn't post the first time I provided it I guess.

Customer:

That's okay. Thank you so much for your time.

Debra Thal (username) :

You are very welcome.

Debra Thal (username) :

If we are done please rate me before you go!

Debra Thal (username) :

That allows me to be paid.

Debra Thal (username) :

I get paid if you choose any of the top three ratings.

Debra Thal (username) :

The first two are positive and the third is neutral.
T

Debra Thal (username) :

The ratings affect my stats with the site.

Debra Thal (username) :

Thanks

Customer:

Okay. Have a great day!

Customer:

Thanks again.

I work for a company that is currently hiring for job opportunities.

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